Can a Ukrainian U4U Founder Get an O-1 Visa to Launch a Startup in the U.S.?
Yes. The O-1 visa is designed for founders, creators, and innovators who can demonstrate extraordinary ability in their field. If you meet the legal criteria for this category, you may be able to apply regardless of whether you’re currently in the U.S. under humanitarian parole (like U4U), on a tourist visa (B1/B2), or another temporary status.
What matters most is this: Do you qualify under the O-1 standards?
If the answer is yes, the next step is to determine how, and from where you can apply.
This is where things get more nuanced. Your current immigration status may affect the procedure, not your eligibility. Some founders may apply from within the U.S. through a Change of Status. Others may need to apply from abroad through consular processing. It depends on their immigration status.
Important:
Immigration strategy must be tailored to your case. Always consult a licensed immigration attorney before deciding when and how to apply. This article provides general information and does not constitute legal advice.
Why the O-1 Visa Fits Startup Founders
The O-1 is one of the most powerful non-immigrant visas available to founders. It’s designed for people at the top of their field — and its flexibility is especially attractive to entrepreneurs.
What makes it different from other work visas?
- There’s no degree requirement or fixed salary minimum
- There’s no lottery or annual cap
- You can apply at any time
- It’s valid for up to three years, with extensions possible
- It offers a clear path toward a future green card (often via EB-1A or NIW)
For high-performing founders, especially those with funding, media recognition, or product innovation, the O-1 can be an ideal foundation for building in the U.S.
The Core Requirement: Extraordinary Ability
The legal standard for an O-1 visa is “extraordinary ability,” meaning you’ve reached the very top of your field. USCIS reviews specific types of evidence, and most successful applicants meet at least three out of eight official criteria.
For founders, these commonly include:
- Media coverage about your work or company in credible publications
- Participation in competitive accelerators, awards, or funding rounds
- Letters of recommendation from respected leaders in your industry
- Original contributions such as unique technology, patents, or business models
- Serving as a judge, mentor, or expert in your field
If you’re building or scaling a startup and can show that your work has had a significant impact, you’re likely already on the right track. A strong legal team can help present your story with precision and evidence.
Can Your Own U.S. Startup Sponsor You?
In many cases, yes. Your U.S. company can sponsor your O-1 visa. This is a common approach for founders who wish to build their own ventures. However, the business must be structured correctly to establish a legitimate employer–employee relationship.
Transition Path: Change of Status vs. Consular Processing
Once you’ve built a strong O-1 case and your company is ready to sponsor you, the next step is filing the petition. But where and how you file depends on your current status.
Some founders already in the U.S. may be eligible to file for a Change of Status with USCIS. Others, such as those on humanitarian parole (like U4U) may need to apply at a U.S. embassy or consulate abroad.
The key takeaway: Your O-1 eligibility is based on your achievements, but your immigration strategy depends on your legal status. There is no one-size-fits-all answer, and that’s why early legal consultation is so important.
What’s Inside a Strong O-1 Petition?
Think of your O-1 petition as a legal pitch deck: it needs to be structured, persuasive, and evidence-based. With the help of your attorney, your case may include:
- A personal statement outlining your journey and impact
- Media articles and press mentions
- Letters from VCs, founders, academics, or executives who can speak to your work
- Company formation documents and your employment agreement
- Evidence of innovation: patents, technical papers, product metrics
- Proof of traction: funding, customer growth, awards
When this package is submitted to USCIS, it’s reviewed alongside Form I-129 and (optionally) a Premium Processing request, which speeds up the decision to 15 calendar days.
Planning Your O-1 Journey
If you’re a Ukrainian founder under U4U and want to launch your startup in the U.S., your first move isn’t filing paperwork — it’s building your strategy. Here’s a simplified view of that process:
- Assess your qualifications with an experienced immigration attorney
- Structure your U.S. company with proper legal and employment documents
- Collect the right evidence that highlights your industry impact
- Determine your application route: Change of Status or consular processing
- Work with your legal team to submit a complete petition
Many founders also use this time to prepare for the long game, including green card strategies that may follow a successful O-1 visa.
Final Thoughts
Getting an O-1 isn’t just about qualifying, it’s about executing the process correctly.
Even if you meet the eligibility standards, your petition still needs to be built strategically, submitted at the right time, and filed through the correct legal channel. That depends on your current status, company structure, and long-term plans.
This isn’t something to figure out on your own. U.S. immigration law is complex, and a strong case can fail if it’s filed the wrong way. That’s why working with an experienced immigration attorney is essential.
Need help with your case? Schedule a call with our customer care representatives and they will be happy to discuss your needs and schedule a call with our attorney.
